FAQ: Premise Liability

What is a premise liability case?

Any type of case in which someone was injured on the property belonging to someone else. The most frequent types of cases involve grocery stores, swimming pools, trip and falls, and slip and falls. The injuries generally occur because of a defect on the premises, a slippery floor, or other dangerous condition. Some examples are sidewalk defects, hazardous steps, water on the floor, ice and snow on the sidewalk defects, hazardous steps, water on the floor, ice and snow on the sidewalk, oil slicks in the parking lot, debris on the floor, improper lighting, and a defective covering over a water meter.

Why should the owner be liable?

The theory behind premise liability cases is that the owner/occupier of property will either know or should know of dangerous conditions or propensities of that property and is in the best position to either eliminate or reduce the danger or to warn of it. If the owner fails to do that, there could be liability for any injuries resulting from that danger.

What must a property owner do to keep people from being injured?

The general rule is that the owner of property, such as land or a building, has a duty to keep the premises in a reasonably safe condition under the circumstances. If it is certain that someone will get seriously injured if the property is kept in its current condition and the cost of preventing such injured if the property is kept in its current condition and the cost of preventing such injury is low, there is certainly a duty on the owner to make the property safe. He will be liable for injuries should he fail to do so.